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Course Unit Title Course Unit Code Type of Course Unit Level of Course Unit Year of Study Semester ECTS Credits
Ottoman Legal System ILH427 Elective Bachelor's degree 4 Fall 6

Name of Lecturer(s)

Associate Prof. Dr. AYHAN HİRA

Learning Outcomes of the Course Unit

1) To understand periods of Islamic law before Ottomans which Ottoman law was based on it;
1) To understand periods of Islamic law before Ottomans which Ottoman law was based on it;
2) To learn historical process of Islamic law in muslim- turkish states
2) To learn historical process of Islamic law in muslim- turkish states
3) To learn literature of Islamic law in Otoman period
3) To learn literature of Islamic law in Otoman period
4) To learn basic terms about law and legalization and to make connection between legalization and practice of official school of Islamic law
4) To learn basic terms about law and legalization and to make connection between legalization and practice of official school of Islamic law
5) To analyze the legalization acts in Ottomans and its effects to present time
5) To analyze the legalization acts in Ottomans and its effects to present time
6) To explain distinction between shari and orfi law in Ottoman law
6) To explain distinction between shari and orfi law in Ottoman law
7) To compare örfi penal law of Ottomans and Islamic law with the perspective of harmony
7) To compare örfi penal law of Ottomans and Islamic law with the perspective of harmony
8) To get knowledge about law education in Ottomans
8) To get knowledge about law education in Ottomans
9) To learn Ottoman judicial system and relations between legislation- execution-jurisdiction
9) To learn Ottoman judicial system and relations between legislation- execution-jurisdiction
10) To learn some famous Ottoman jurists
10) To learn some famous Ottoman jurists

Program Competencies-Learning Outcomes Relation

  Program Competencies
1 2 3 4 5 6 7 8 9 10 11
Learning Outcomes
1 Low No relation Middle No relation High No relation No relation No relation No relation No relation No relation
1 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
2 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
2 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
3 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
3 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
4 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
4 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
5 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
5 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
6 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
6 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
7 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
7 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
8 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
8 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
9 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
9 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
10 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation
10 No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation No relation

Mode of Delivery

Face to Face

Prerequisites and Co-Requisites

None

Recommended Optional Programme Components

none

Course Contents

Basic characteristics of Ottoman law, historical background, sherry antagonization common law distinction, code of laws, and accident fatwa institutions, sharia records, westernization period Ottoman law.

Weekly Schedule

1) Periods of Islamic law before Ottomans
2) After accepting islam of turks, Islamic law studies in turkish states
3) Political and scientific situation in Ottomans
4) The science of Islamic law and education of Islamic law in Ottomans
5) Islamic law studies in Ottomans (literature)
6) Sources of Ottoman law: -Shari sources (books of Islamic law and books of fetva ) Orfi sources
7) Legalization studies in Ottomans
8) Midterm exam
9) Mecelle-i Ahkâm-ı Adliye
10) Statue of family rights (Hukuk-ı Aile Kararnamesi)
11) Official school of Islamic law thought in Ottomans
12) Penal law in Ottomans (shari and orfî punishments)
13) To kill own brother issue
14) Legislation power of head of state
15) Dynamics of Islamic law in Ottomans (Molla Fenari, Molla Hüsrev, İbn Kemal Pasha, Ebussûd, Cevdet Pasha)
16) Final exam

Recommended or Required Reading

1- Mehmet Akif AYDIN, Osmanlı Hukuku

Planned Learning Activities and Teaching Methods

1) Lecture
2) Question-Answer
3) Discussion
4) Drill and Practice


Assessment Methods and Criteria

Contribution of Midterm Examination to Course Grade

40%

Contribution of Final Examination to Course Grade

60%

Total

100%

Language of Instruction

Turkish

Work Placement(s)

Not Required